University  of  California  •  Berkeley 


I 
!  IRRIGATION   LAW  I 


PASSED  BY  THE 


FIFTH  SESSION  OF  THE 


Legislature  of  the  State  of  Utah 


1903 


Printed  and  For  Sale  by 
The  Deseret  News. 


IRRIGATION   LAW 


PASSED   BY   THE 


FIFTH  SESSION  OF  THE 


Legislatore  of  the  State  of  Utah 


1903 


Printed  and  For  Sale  by 
The  Deseret  News. 


- 
IRRIGATION  LAW. 

• 

An  Act  Providing  for  Determining  and  Recording  Water 
Rights;  Regulating  the  Diversion,  Use  and  Apportionment 
of  Water;  Prescribing  the  Manner  in  which  water  May  be 
Appropriated;  Providing  for  the  Appointment  of  a  State 
Engineer  and  Prescribing  His  Qualifications,  Powers, 
Duties  and  Compensation;  Requiring  Claimants  to  the  Use 
of  Water  to  File  Statement  of  Their  Claims,  and  Declar= 
ing  the  Forfeiture  of  Rights  for  Failure  to  File  Such  State= 
.nents;  Providing  for  the  Taking  of  Testimony  and  the 
Entering  of  Decrees  Determining  Rights  to  the  Use  of 
Water  and  Permitting  Appeals;  Requiring  Certificates 
of  Water  Rights  to  be  Issued,  Filed  and  Recorded; 
Directing  that  the  State  shall  be  Divided  Into  Water 
Divisions  and  Districts,  and  that  Superintendents 
and  Supervisors  shall  be  Appointed  to  Apportion  the 
Water  Requiring  Applications  for  the  Appropriation  of 
W^ter  to  be  Filed,  and  Permitting  the  Construction  of 
Diverting  Works;  Providing  for  the  Issuance  and 
Recording  of  Certificates  of  Appropriation;  Declaring 
Water  to  be  Public  Property,  Subject  to  Existing  Rights; 
Fixing  Units  of  fleasurement  of  Water;  Establishing 
Basis,  Pleasure  and  Limit  of  Right;  Providing  for  the 
Abandonment  of  Use,  Change  in  Planner  or  Place  of 
Use,  and  Commingling  and  Recovery  of  Water;  Defining 
Rights  of  Appropriators;  Permitting  Irrigation  Com= 
panics  to  Take  .Stock  in  Similar  Companies;  Providing 
for  the  Acquisition  of  Rights  of  Way,  and  the  Use  and 
Enlargement  of  Existing  Canals;  Directing  that  Canals, 
Bridges  and  Crossings  be  Kept  in  Repair;  Declaring  when 
Water  Rights  are  Appurtenant  to  Land,  and  How  Trans- 
fers are  to  be  Made  and  Recorded;  Fixing  Penalties  for 
Violations  of  this  Act;  Providing  Legal  Advisers  for  State 
Engineer;  Establishing  Fees  and  Prescribing  How  Thsy 


Shall  be  Collected  and  Paid  to  the  State;  Providing  for 
the  Payment  of  Fees,  Costs  and  Expenses  Under  this 
Act;  Prescribing  Who  flay  be  Parties  in  Actions  Con- 
cerning Water,  Preserving  the  Existence  and  Providing 
for  the  Dissolution  of  Irrigation  Districts;  Repealing 
Title  33  of  the  Revised  Statutes  of  Utah  of  i8p8,  on  "Irri- 
gation and  Water  Rights,"  Being  Sections  1261  to  1288, 
Inclusive,  and  Chapter  125  of  the  Laws  of  Utah  of  1901, 
Entitled  "An  Act  Defining  the  Duties  of  the  State  Engi- 
neer; Providing  for  the  Creation  of  Water  Districts  and 
for  the  Appointment  of  a  Water  Commission  for  Each 
District;  Providing  for  the  Reclamation  of  Stored  Water, 
and  Repealing  Chapter  8,  Title  63,  Revised  Statutes  of 
Utah,  1898,"  Approved  March  25,  1901,  and  All  Other 
Laws  and  Parts  of  Laws  in  Conflict  with  the  Provisions 
of  this  Act;  But  Preserving  Vested  Rights  to  the  Use  of 
Water,  and  Providing  that  Any  Right  Initiated  under 
the  Laws  Repealed,  flay  be  Completed  and  Perfected; 
Continuing  the  Term  of  Office  of  the  State  Engineer; 
Providing  that  Water  Commissioners  Heretofore  Ap- 
pointed Shall  Continue  to  Perform  Their  Duties  until 
Superseded  by  Division  Superintendents  and  District 
Supervisors,  and  that  Similar  Water  Commissioners 
may  be  Appointed  if  Necessary. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Utah: 

Section  i.      State  Engineer.      Appointment.       Qualifica= 
tions.        Powers.        Supervision      of     Waters     of     State.  - 

There  shall  be  a  State  Engineer,  who  shall  be  appointed 
by  the  Governor  of  the  State  and  be  confirmed  by  the 
Senate.  He  shall  hold  his  office  for  the  term  of  four 
years  and  until  his  successor  shall  have  been  appointed 
and  qualified.  He  shall  have  general  supervision  of  the 
waters  of  the  state  and  of  their  measurement,  appor- 
tionment and  appropriation,  and  of  all  division  super- 
intendents and  district  supervisors.  He  shall  have 
power  to  make  and  publish  such  rules  and  regulations 
as  he  may  deem  necessary  from  time  to  time,  to  fully 
carry  out  the  provisions  of  this  act  and  secure  the  equit- 
able and  fair  apportionment  of  the  water  according  to 


the  respective  rights  of  appropriators.  No  person  shall 
be  appointed  to  the  office  of  State  Engineer  who  has  not 
such  theoretical  knowledge  and  practical  experience 
and  skill  as  shall  fit  him  for  the  position. 

Sec.  2.  Compensation.  —  The  State  Engineer  shall 
receive  a  salary  of  three  thousand  dollars  per  annum, 
payable  in  quarterly  installments  by  the  State  Treas- 
urer ui)on  warrants  drawn  by  the  State  Auditor.  When 
the  State  Engineer  is  called  away  from  his  office  on  of- 
ficial business,  he  shall  be  entitled  to  his  actual  travel- 
ing expenses,  which  shall  be  paid  out  of  any  money  ap- 
propriated for  that  purpose,  on  the  certificate  of  said 
State  Engineer. 

Sec.  3.  Office  at  State  Capital  -The  State  Engi- 
neer shall  keep  his  office  at  the  State  capital. 

Sec.  4.  Oath  and  Bond. — Before  entering  upon  the 
duties  of  his  office,  the  State  Engineer  shall  take  and 
subscribe  an  oath  before  some  officer  authorized  by  the 
laws  of  the  State  to  administer  oaths,  to  faithfully  per- 
form the  duties  of  his  office.  He  shall  file  with  the  Sec- 
retary of  State  said  oath  and  his  official  bond  in  the 
penal  sum  of  five  thousand  dollars,  with  not  less  than 
two  sureties,  to  be  approved  by  the  State  board  of  ex- 
aminers, and  conditioned  for  the  faithful  discharge  of 
the  duties  of  his  office,  and  for  delivery  to  his  successor 
or  other  officer  appointed  bv  the  Governor  to  receive 
the  same,  all  moneys,  books  and  other  property  belong- 
ing to  the  State  then  in  his  hands  or  under  his  control, 
or  with  which  he  may  be  legally  chargeable  as  such  of- 
ficer. 

Sec.  5.      Reports.       Records    Open    to    Public.       Copies. 

—The  State  Engineer  shall  prepare  and  render  to  the 
Governor  biennially,  and  oftener  if  required,  full  and 
true  reports  of  his  work  relating  to  the  matters  and  du- 
ties devolving  upon  him  by  virtue  of  his  office,  which 
biennial  report  shall  be  delivered  to  the  Governor  on  or 
before  the  31st  day  of  T>-  -ember  of  the  year  preceding 
the  regular  session  of  tLe  Legislature.  He  shall  become 
conversant  with  the  water  ways  of  the  State,  and  its 
needs  as  to  irrigation  matters,  and  in  his  reports  to  the 


Governor  he  shall  make  such  suggestions  as  to  the 
amendment  of  existing  laws  or  the  enactment  of  new 
laws  as  his  information  and  experience  shall  suggest. 
He  shall  keep  on  file  in  his  office  full  and  proper  records 
of  his  work,  including  all  field  notes,  computations  and 
facts  made  or  collected  by  him,  all  of  which  shall  be  duly 
certified  by  him,  and  be  part  of  the  records  of  his  office 
and  the  property  of  the  State.  All  records,  maps  and 
other  papers  recorded  or  filed  in  the  office  of  the  State 
Engineer  shall  be  open  to  the  public  during  business 
hours,  and  copies  thereof,  certified  by  said  engineer, 
shall  be  furnished  on  payment  of  the  fees  provided  for 
by  this  act. 

Sec.     6.      Duties.         Hydrographic    Surveys.        flaps.— 

The  State  Engineer  shall  make  a  complete  hydrographio 
survey  of  each  river  system  and  water  source  of  the 
State,  beginning  such  work  upon  those  streams  and 
sources  which  are  most  used  for  irrigation,  and  from 
the  data  so  obtained  the  State  Engineer  shall  construct 
maps,  which  shall  exhibit  the  essential  facts  relating  to 
the  supply,  diversion  and  use  of  the  water  of  each  of 
such  river  systems  or  water  sources.  He  shall  also  col- 
lect such  other  facts  as  will,  in  his  judgment,  aid  in  as- 
certaining the  existing  rights  to  the  use  of  the  water  and 
in  determining  the  volume  of  the  surplus  or  unappropri- 
ated water,  if  any,  of  each  of  such  streams  or  sources. 
He  shall  have  general  supervision  of  the  appropriation 
of  all  surplus  or  unappropriated  water  in  the  manner 
provided  by  1;^  surveys  and  collection  of  facts 

shall  include  the  location  of  all  suitable  sites  for  dams 
and  reservoirs,  and  a  determination  of  the  pproximate 
capacity  and  cost  of  each. 

Sec.  7.  Notice  of  Survey. — Before  commencing  the 
hydrographic  survey  of  any  river  system  or  water  source 
the  State  Engineer  shall  cause  notice  to  be  published  in 
some  newspaper  having  general  circulation  on  said  river 
system  or  water  source,  stating  the  time  and  place  of 
beginning  said  survey,  and  said  notice  shall  be  .pub- 
lished continuously  in  said  newspaper  for  a  period  of 
not  less  than  fifteen  days  immediately  prior  to  the  com- 
mencement of  said  work. 


Sec.  8.  Plans  for  Dams  Must  be  Submitted  to  State 
Engineer,  Who  Shall  Inspect  Dams. — Duplicate  plans, 
drawings  and  specifications  for  any  dam  above  five  feet 
in  height,  across  the  natural  channel  of  a  running 
stream,  or  of  any  other  dam  intended  to  retain  water 
above  ten  feet  in  height,  shall  be  submitted  to  the  State 
Engineer  for  his  approval,  who  shall  examine  such 
plans,  drawings  and  specifications,  and,  if  he  approves 
the  same,  he  shall  return  one  copy  of  each  of  such  plans, 
drawings  and  specifications,  with  his  approval,  to  the 
party  or  parties  submitting  the  same  and  file  the  other 
in  his  office.  If  the  State  Engineer  disapproves  any  of 
such  plans,  drawings  or  specifications,  he  shall  return 
the  same,  with  his  reasons  for  such  disapproval.  The 
State  Engineer  shall  have  authority  to  keep  an  inspec- 
tor on  any  such  dam  during  the  construction  thereof, 
and  to  see  that  the  work  is  done  in  accordance  with  the 
plans,  drawings  and  specifications,  and  the  State  Engi- 
neer may  require  the  parties  constructing  the  same  to 
make  any  additions  or  alterations  during  construction 
which  he  considers  necessary  for  the  security  of  the 
work,  the  safety  of  persons  or  the  protection  of  prop- 
erty. Any  person,  corporation  or  association  beginning 
the  construction  of  any  such  dam,  before  the  plans, 
drawings  and  specifications  shall  have  been  submitted 
to  and  approved  by  the  State  Engineer,  or  proceeding 
with  such  work  in  the  absence  of  an  inspector  appointed 
by  said  engineer,  or  who  shall  fail  to  comply  with  any 
of  the  requirements  made  by  him  in  pursuance  of  this 
section,  shall  be  guilty  of  a  misdemeanor. 

Sec.  9.  Examination  of  Completed  Works. — Should 
any  person,  corporation  or  association  residing  on  or 
owning  land  in  the  neighborhood  of  any  completed  dam 
or  diverting  works,  apply  to  the  State  Engineer  in  writ- 
ing, requesting  an  examination  of  such  dam  or  works, 
the  State  Engineer  may  order  an  examination  thereof. 
Before  doing  so,  he  may  require  the  applicant  for  such 
examination  to  deposit  a  sum  of  money  sufficient  to  pay 
the  expenses  of  the  examination,  and  in  case  the  appli- 
cation appear^  to  him  not  to  have  been  justified,  he  may 
cause  the  whole  or  part  of  such  expense  to  be  paid  out 


8 

of  such  deposit.  In  case  the  request  appears  to  the 
State  Engineer  to 'have  been  justified,  he  may  require 
the  owner  of  the  works  to  pay  the  whole  or  any  part  of 
the  expenses  of  such  examination. 

Sec.     10.       Engineer     to     Inspect     Diverting     Works.— 

The  State  Engineer  shall  have  authority  to  examine  and 
inspect,  during  construction,  any  ditch  or  other  divert- 
ing works,  and,  at  the  time  of  such  inspection,  he  may 
order  the  parties  constructing  the  same  to  make  any 
addition  or  alteration  which  he  considers  necessary  for 
the  security  of  such  works,  the  safety  of  persons  or  the 
protection  of  property.  Any  person  refusing  or  neglect- 
ing to  comply  with  such  requirements  of  the  State  En- 
gineer shall  be  guilty  of  a  misdemeanor. 


DETERMINATION  OF  WATEK  RIGHTS. 

Sec.  ii.  State  Engineer  to  File  Statement. — When 
the  State  Engineer  has  completed  the  hydrographic  sur- 
vey of  any  river  system  or  water  source  he  shall  file  a 
written  statement  with  the  clerk  of  the  district  court 
of  the  county  in  which  the  same  is  situated,  or  if  the 
system  or  source  extends  into  more  than  one  county,  the 
statement  shall  be  filed  in  any  county  which  embraces 
any  part  of  such  river  system  or  water  source  that  the 
State  Engineer  shall  select  as  most  convenient  for  the 
water  users  of  the  system  or  source.  Said  statement 
shall  set  forth  the  fact  of  the  completion  of  such  survey, 
the  names  and  postoffice  addresses  of  all  persons,  cor- 
porations and  associations  using  water  of  said  river 
system  or  water  source,  so  far  as  the  same  are  known  to 
the  State  Engineer,  and  shall  contain  such  other  facts 
and  information  as  he  may  deem  necessary.  On  the 
filing  of  such  statement,  the  district  court  in  the  county 
where  the  same  is  filed  shall  have  exclusive  jurisdiction 
to  determine  all  water  rights  on  said  river  system  or 
water  source,  in  accordance  with  the  provisions  of  this 
act. 

Sec.    12.      Notice     to      be      Published      and       Mailed. — 

Within  thirty  days  after  the  filing  of  the  statement  men- 


9 

tioned  in  the  last  preceding  section,  the  clerk  of  the 
court  in  which  the  same  shall  be  filed  must  give  public 
notice  that  all  persons  claiming  the  right  to  the  use  of 
any  of  the  water  of  said  river  system  or  water  source 
miist  file  a  written  statement  with  the  clerk  of  said 
court,  within  six  months  after  the  first  publication  of 
said  notice,  setting  forth  their  respective  claims  to  the 
use  of  such  water,  which  notice  shall  be  published  at 
least  once  a  week  for  three  successive  months  in  some 
newspaper  printed  and  published  within  the  boundaries 
of  said  river  system  or  water  source  and  having  a  gen- 
eral circulation  therein;  or,  if  there  be  no  such  news- 
paper, then  it  shall  be  published  in  some  newspaper 
printed  and  published  in  this  State  and  having  a  gen- 
eral circulation  on  said  river  system  or  water  source. 
The  clerk  of  said  court  shall  also  mail,  by  registered 
letter,  to  each  of  the  persons,  corporations  or  associa- 
tions whose  names  and  addresses  are  given  in  such  state- 
ment filed  by  the  State  Engineer,  a  copy  of  said  notice, 
and  a  blank  form  on  which  said  claimant  shall  present, 
in  writing,  as  provided  in  the  next  succeeding  section, 
all  the  particulars  relating  to  the  appropriation  of  the 
water  of  said  river  system  or  water  source  to  which  he 
lays  claim. 

Sec.  13.  Statements  of  Claim  to  be  Filed.  What 
to  Contain.  — Each  person,  corporation  or  association 
claiming  the  right  to  use  any  water  of  said  river  system 
or  water  source,  shall,  within  six  mouths  after  the  first 
publication  of  the  notice  provided  for  in  the  last  pre- 
ceding section,  file  in  the  office  of  the  clerk  of  the  court 
giving  said  notice,  a  statement  in  writing,  which  shall 
be  signed  and  verified  by  the  oath  of  the  claimant,  and 
shall  include  as  near  as  may  be  the  following: 

The  name  and  postoffice  address  of  the  person,  cor- 
poration or  association  making  the  claim;  the  nature  of 
the  use  on  which  the  claim  of  appropriation  is  based; 
the  flow  per  second  of  water  used  and  the  time  during 
which  it  has  been  used  each  year;  the  name  of  the 
stream  or  other  source  from  which  the  water  is  di- 
verted; the  place  on  such  stream  or  source  where  the 
water  is  diverted,  and  the  nature  of  the  diverting  works; 
the  date  when  the  first  work  for  diverting  the  water 


10 

was  begun,  and  the  nature  of  such  work;  the  dimensions, 
grade,  shape  and  nature  of  the  diverting  channel,  as 
originally  constructed;  the  date  when  the  original  di- 
verting channel  was  completed;  the  date  when  the  wa- 
ter was  first  used,  the  flow  per  second,  and  the  time  dur- 
ing which  the  water  was  used  the  first  year;  the  date 
and  nature  of  each  subsequent  change  made  in  the  orig- 
inal diverting  channel;  the  flow  per  second  of  the  water 
used  and  the  time  it  was  used  each  year  between  each 
of  the  changes  so  made,  and  the  dimensions,  grade,  shape 
and  nature  of  the  present  diverting  channel;  the  place 
where  and  the  manner  in  which  the  water  was  first 
used;  the  nature  of  each  subsequent  change  in  the  place, 
or  manner  of  use,  and  the  place  and  manner  of  present 
use;  and  such  other  facts  as  will  clearly  define  the  ex- 
tent and  nature  of  the  appropriation  claimed. 

If  the  water  claimed  to  have  been  appropriated  is 
used  for  irrigation,  the  statement  shall  show,  in  addi- 
tion to  the  above  required  facts,  the  area  of  land  irri- 
gated the  first  year  and  each  subsequent  year;  the  total 
area  at  present  irrigated,  and  its  location  in  the  section, 
township  and  range  wherein  it  is  situated;  the  charac- 
ter of  the  soil  and  the  kind  of  crops  raised  during  the 
first  year  of  use  and  the  first  year  after  each  subsequent 
change  of  channel,  and  during  the  last  year  in  which 
the  water  was  applied. 

If  the  water  claimed  to  have  been  appropriated  is 
used  for  developing  power,  the  statement  shall  show,  in 
addition  to  the  above  required  facts,  the  number,  size 
and  kind  of  water  wheels  employed;  the  head  under 
which  each  wheel  is  operated;  the  extent  of  the  power 
produced,  and  the  purposes  for  which  and  the  places 
where  it  is  used,  and  the  point  where  the  water  is  re- 
turned to  the  natural  stream. 

If  the  water  claimed  to  have  been  appropriated  is 
used  for  mining,  the  statement  shall  show,  in  addition 
to  the  above  required  facts,  the  name  of  the  mine  and 
the  mining  district  in  which  it  is  situated;  the  nature 
of  the  material  mined,  and  the  place  where  the  water 
is  returned  to  the  natural  channel  of  the  stream.  With- 
in sixty  days  after  the  expiration  of  the  six  months  al- 
lowed for  filing  statements  of  claim,  the  State  Engineer 


11 

shall  tabulate  the  facts  contained  in  the  different  state- 
ments filed;  a  copy  of  said  tabulation  shall  be  imme- 
diately filed  in  the  office  of  the  clerk  of  said  court,  and 
a  copy  in  the  office  of  the  County  Eecorder  of  each 
county  which  embraces  any  part  of  said  river  system  or 
water  source. 

Sec.  14.  Statements  to  be  Entered.  Persons  Fail= 
ing  to  File  Statements  of  Claim  Barred  from  Asserting 
Rights.  — The  clerk  of  said  court  shall  enter  the  state- 
ments in  a  book  to  be  kept  for  that  purpose,  and  shall 
file  and  preserve  the  same  in  his  office,  noting  the  date 
of  filing.  The  filing  of  each  statement  shall  be  consid- 
ered notice  to  all  persons  of  the  claim  of  the  party  mak- 
ing the  same,  and  any  person  failing  to  make  and  de- 
liver such  statement  of  claim  to  the  clerk  of  the  court 
within  six  months  after  the  first  publication  of  the  no- 
tice provided  for  in  the  last  preceding  section,  shall  be 
forever  barred  and  estopped  from  subsequently  assert- 
ing any  rights  theretofore  acquired  to  the  use  of  water 
of  said  river  system  or  water  source,  and  shall  be  held 
•to  have  forfeited  all  rights  to  the  use  of  said  water 
theretofore  claimed  by  him;  provided,  that  any  claimant 
upon  whom  no  other  service  of  said  notice  shall  be  made 
than  by  publication  in  the  newspaper,  may  apply  to  the 
court  for  permission  to  file  a  statement  of  claim  after 
the  time  therefor  has  expired,  and  the  court  or  judge 
thereof  may  extend  the  time  for  filing  said  statement, 
not  exceeding  one  year  from  the  first  publication  of  said 
notice,  but,  before  said  time  is  extended,  the  applicant 
shall  give  notice  by  publication  in  some  newspaper  hav- 
ing general  circulation  on  said  river  system,to  all  other 
persons  interested  in  the  water  of  that  river  system  or 
water  source,  and  shall  make  it  appear  to  the  satisfac- 
tion of  the  court  that,  during  the  pendency  of  the  pro- 
ceedings, he  had  no  actual  notice  thereof  in  time  to  ap- 
pear and  file  a  statement  and  make  proof  of  his  claim; 
and  all  parties  interested  may  present  affidavits  as  to 
the  matter  of  actual  notice  of  the  application. 

Sec.     15.      Appointment       of      Referee.         Objections.  — 

At  the  expiration  of  six  months  after  the  first  publica- 
tion of  the  aforesaid  notice,  the   district   court   of   the 


12 

county  in  which  said  statements  of  claim  have  been  filed 
may  appoint  a  referee  or  referees,  not  exceeding  three, 
to  take  testimony  and  determine  the  rights  of  said 
claimants  to  the  use  of  the  water  of  said  river  system 
or  water  source,  as  in  other  equity  cases.  Any  claimant 
may  object  to  the  appointment  of  any  person  as  referee 
for  the  same  cause  for  which  challenges  for  cause  may 
be  taken  to  a  petit  juror  in  the  trial  of  a  civil  action. 
Such  objections  must  be  heard  and  disposed  of  by  the 
court,  or  a  judge  thereof,  and  affidavits  may  be  read  and 
witnesses  examined  concerning  the  same. 

Sec.  1 6.  Referee  to  Take  Oath  and  Swear  Wit- 
nesses. — The  referee,  or  referees,  before  proceeding  to 
hear  any  testimony,  must  be  sworn  well  and  truly  to 
hear  and  determine  the  facts  and  issues  referred  to 
them,  and  true  findings  render  according  to  the  evi- 
dence, and  he  or  they  shall  have  power  to  administer 
oaths  to  all  witnesses  produced  before  him  or  them. 

Sec.  17.  Statements  Shall  be  Pleadings.  State  En- 
gineer Shall  File  flaps  With  Clerk  of  Court  and  Coun- 
ty Recorders.  Records  of  His  Office  Shall  be  Prima. 
Facie  Evidence.  — The  statements  filed  by  the  claimants 
shall  stand  in  the  place  of  pleadings,  and  issue  may  be 
made  thereon.  They  shall,  unless  the  court  determines 
the  matter  itself  without  a  reference,  be  referred  and 
delivered  to  the  referee  or  referees,  with  all  other  files 
and  papers  relating  to  water  claims  of  said  river  system 
or  water  source,  including  the  statement  and  map  filed 
by  the  State  Engineer,  who  shall,  before  the  expiration 
of  the  six  months  allowed  for  filing  statements  of  claim, 
as  aforesaid,  file  with  the  clerk  of  said  court,  and  with 
the  county  recorder  of  each  county  which  embraces  any 
part  of  said  river  system  or  water  source,  a  copy  of  the 
map  of  said  river  system  or  water  source,  made  in  pur- 
suance of  his  survey  thereof;  and  whenever  requested 
so  to  do,  the  State  Engineer  shall  furnish  the  court  or 
referee  or  referees  with  any  information  which  he  may 
possess,  or  copies  of  any  of  the  records  of  his  office 
which  relate  to  the  water  of  said  river  system  or  water 
source,  and  in  all  proceedings  for  the  determination  of 
the  rights  of  claimants  to  the  water  of  said  river  sys- 
tem or  w^ater  source  the  said  maps  and  records,  or  cer- 


13 

tified  copies  thereof,  shall  be  competent  and  prima  facie 
evidence  of  the  facts  stated  therein  or  delineated 
thereon. 

Sec.   18.      Referee    flay    Allow    Amendments    and     Ad- 
journments,      flust    Give    Notice     and    Take     Testimony.— 

The  referee  or  referees  shall  have  power  to  allow  amend- 
ments to  any  statement  or  pleading,  as  the  court  might 
do  and  upon  the  same  terms  and  with  like  effect.  He 
or  they  shall  have  power,  and  it  shall  be  the  duty  of  the 
court  or  referee  or  referees  to  take  testimony  at  such 
times  and  places  within  the  boundaries  of  the  river  sys- 
tem or  water  source  as  may  be  convenient  to  the  re- 
spective claimants  interested,  and  the  court  or  referee 
or  referees  shall  determine  the  rights  of  all  said  claim- 
ants. The  court,  referee  or  referees  shall  give  not  less 
than  fifteen  days'  notice  to  the  claimants,  stating  when 
and  where  he  or  they  will  begin  to  take  testimony;  said 
notice  shall  be  published  in  some  newspaper  having  gen- 
eral circulation  on  said  river  system  or  water  source, 
and,  upon  the  date  named  in  the  notice,  the  court,  ref- 
eree or  referees  shall  begin  to  take  the  said  testimony, 
and  shall  continue  the  same  until  all  the  testimony  re- 
lating to  claims  to  water  of  said  river  system  or  water 
source  is  completed;  provided,  that  a  notice  shall  be 
served  upon  each  claimant  at  least  fifteen  days  before 
the  testimony  is  taken  upon  his  or  its  claim,  stating  the 
time  and  place,  when  and  where  such  testimony  will  be 
taken,  and  said  notice  shall  be  served  in  the  same  man- 
ner as  a  summons  issued  out  of  the  district  court.  But 
he  or  they  may  grant  adjournments  from  time  to  time, 
as  occasion  may  require,  and  during  all  of  said  time  the 
map  or  maps  and  other  records  furnished  by  the  State 
Engineer,  as  hereinbefore  provided,  shall  be  open  to  the 
inspection  of  all  parties  interested. 

Sec.  19.  Contest.  Notice.  —  Any  person,  corpora- 
tion or  association  owning  any  irrigation  works,  or 
claiming  any  interest  in  the  water  of  said  river  system 
or  water  source,  may  contest  the  rights  of  any  person, 
corporation  or  association  who  have  filed  statements  of 
claim  for  any  water  of  said  river  system  or  water  source, 
by  filing  a  written  statement  of  the  grounds  of  their 


14 

contest  with  the  clerk  of  said  court,  within  thirty  days 
after  the  filing  of  the  tabulation  of  facts  provided  for  in 
Section  13;  which  statement  of  contest  shall  be  verified 
by  the  oath  of  the  contestant.  Upon  the  filing  of  said 
contest,  the  referee  or  referees  shall  fix  the  time  for 
hearing  the  same,  which  date  shall  be  not  less  than 
thirty  days  nor  more  than  sixty  days  from  the  time  when 
^he  notice  is  served  on  the  party,  which  notice  and  the 
return  thereof  shall  be  made  in  the  same  manner  as 
summons  is  served  in  civil  actions  in  the  district  courts 
of  this  State. 

Sec.  20.  Subpoenas.  Service.  Witnesses  to  At- 
tend and  Testify.  Books  and  Papers.  —  The  referee  or 
referees  shall  have  power  to  issue  subpoenas  to  wit- 
nesses, wrhich  shall  be  served  in  the  same  manner  as 
subpoenas  issued  out  of  the  district  court,  and  all  wit- 
nesses so  subpoenaed  shall  attend  and  testify  and  pro- 
duce books  and  papers  and  documents,  as  required,  be- 
fore such  referee  or  referees,  and  said  witnesses  shall 
receive  the  same  fees  as  in  civil  cases  in  the  district 
court,  to  be  paid  by  the  party  or  parties  against  whom 
the  contest  shall  be  finally  determined. 

Sec.  21.  Referee  Shall  ( Report  Findings  of  Fact, 
Conclusions  and  Decree.  Testimony  to  be  Reported. 
Court  to  Enter  Decree.  —  On  the  completion  of  the  evi- 
dence, the  referee  or  referees  shall  state,  in  writing,  the 
facts  found  by  him  or  them,  as  to  each  claim  submitted, 
and  the  conclusions  of  law  in  relation  thereto,  separate- 
ly, and  shall  report  the  same,  with  a  form  of  decree,  to 
the  district  court;  and  said  court  may  review  said  re 
port  and  enter  decree  thereon,  or  set  aside,  alter  or  mod- 
ify the  same  and  enter  decree  thereon  so  altered  or  mod- 
ified, and,  when  necessary,  may  require  the  referee  or 
referees  to  amend  his  or  their  reports.  All  the  testi- 
mony taken  by  any  referee  or  referees  shall  be  steno- 
graphically  reported,  and  the  same,  together  with  all 
other  evidence  in  the  matter,  shall  be  transmitted  to, 
preserved  and  filed  in  the  office  of  the  clerk  of  said  dis- 
trict court,  with  the  report  of  such  referee  or  referees. 
Notice  of  the  filing  of  the  report  of  the  referee  or  ref- 
erees shall  be  given  by  the  clerk,  as  the  court  may  direct, 


15 

and  exceptions  to  the  findings  and  report  of  the  referee 
may  be  taken  by  the  parties,  as  the  court  shall  prescribe 
by  rule. 

Sec.  22.  Decree  Shall  Determine  Rights  of  Claim- 
ants to  the  Use  of  Water. —  The  decree  shall  determine 
and  establish  the  rights  of  the  several  claimants  to  the 
use  of  the  water  of  said  river  system  or  water  source, 
and  among  other  things  shall  set  forth  the  name  and 
postoffice  address  of  the  person,  corporation  or  associa- 
tion entitled  to  the  use  of  the  water;  the  flow  per  second 
of  water  entitled  to  be  used;  the  purpose  for  wThich  the 
water  is  to  be  used;  the  time  during  which  the  water  is 
to  be  used  each  year;  the  name  of  the  stream  or  other 
source  from  wThich  the  water  is  diverted;  the  place  on 
the  stream  or  other  source  where  the  water  is  diverted; 
the  priority  number  of  the  right;  the  date  of  the  right, 
and  such  other  matter  as  will  fully  and  completely  de- 
fine the  right  of  said  person,  corporation  or  association 
to  the  use  of  the  water. 

Sec.  23.  Appeals  to  Supreme  Court.  —  The  decree 
so  entered  by  the  district  court  may  be  appealed  from 
to  the  Supreme  Court,  in  like  manner  as  from  decrees 
and  judgments  in  other  cases;  provided,  that  such  ap- 
peal shall  be  taken  within  six  months  after  the  entry 
of  said  decree,  and  all  proceedings  on  appeal  shall  be 
conducted  according  to  the  provisions  of  the  Code  of 
Civil  Procedure,  and  the  practice  on  appeals  from  the 
district  court  to  the  Supreme  Court. 

Sec.  24.  Clerk  to  Issue  Certificate.  —  If  no  appeal 
is  taken  from  said  decree  within  six  months  after  the 
same  has  been  entered,  or  if  the  case  is  appealed,  within 
thirty  days  after  the  final  decree  is  entered,  it  shall  be 
the  duty  of  the  clerk  of  the  court  making  said  decree  to 
issue  to  each  person,  corporation  or  association  having 
been  awarded  the  use  of  water  by  said  decree,  a  cer- 
tificate in  duplicate,  attested  under  the  seal  of  the  court, 
setting  forth  the  substance  of  said  decree,  as  specified  in 
Section  22.  One  copy  of  said  certificates  shall  be  trans- 
mitted, in  person  or  by  registered  mail,  to  the  appropri- 
ator,  who  shall,  within  thirty  days,  have  the  same  re- 


16 

corded  in  the  office  of  the  county  recorder  of  the  county 
in  which  the  water  is  diverted  from  its  natural  channel, 
and  the  other  shall  be  delivered  to  the  State  Engineer 
and  filed  in  his  office  as  a  part  of  the  records  thereof. 

Sec.   25.       When     Judge    or    Referee    is     Claimant. — If 

the  referee  shall  be  a  claimant  to  any  water  of  said 
river  system  or  water  source,  all  testimony  and  evidence 
pertaining  to  his  claim  shall  be  taken  by  the  district 
court  of  the  county  in  which  the  statements  are  filed; 
and  if  the  district  judge  is  a  claimant  of  any  of  the  water 
of  said  river  system  or  water  source,  he  shall  file  his 
statement  in  the  district  court  of  the  adjoining  district, 
and  a  copy  of  the  statement  in  the  court  of  his  own 
county.  In  such  case  the  court  of  the  adjoining  district 
shall  receive  and  act  upon  the  referee's  report  and  enter 
decree  in  the  matter. 


APPORTIONMENT  OF  WATER. 

Sec.  26  State  to  be  Divided  into  Water  Divisions 
and  Districts. —  To  enable  an  equitable  and  orderly  ap- 
portionment of  the  water  to  be  made  among  the  several 
persons,  corporations  and  associations,  according  to 
their  respective  rights,  the  State  shall  be  divided  into 
water  divisions  by  the  State  Engineer,  who  shall  sub- 
divide the  same  into  districts,  which  shall  be  so  consti- 
tuted as  to  secure  the  best  protection  to  the  water  users 
and  the  most  economical  supervision  on  the  part  of  the 
State.  Said  water  divisions  and  districts  shall  be  cre- 
ated from  time  to  time,  as  necessity  therefor  arises.  The 
divisions  shall  be  designated  by  names,  and  the  districts 
by  numbers. 

Sec.  27.       Superintendents    of     Divisions.       Supervisors 

of  Districts.  -  -There  shall  be  a  superintendent  of  each 
water  division,  who  shall  be  appointed  by  the  State  En- 
gineer with  the  consent  of  the  Governor,  and  shall  hold 
his  position  during  the  pleasure  of  the  Engineer.  The 
superintendent  shall  have  power,  with  the  consent  of 
the  engineer,  to  appoint  a  supervisor  for  each  water  dis- 
trict in  his  division,  who  shall  be  a  resident  of  the  countv 


17 

and  district  in  which  he  is  to  serve,  and  shall  hold  his 
position  during  the  pleasure  of  the  superintendent.  The 
supervisor  shall  be  confirmed  by  the  board  of  county 
commissioners  of  the  county  in  which  he  serves. 

Sec,  28.  Duties  of  Superintendents,  --  The  superin- 
tendent of  each  water  division  shall  have  control  of  the 
district  supervisors  and  of  the  apportionment  of  the 
water  in  the  several  districts  of  his  division,  under  the 
direction  of  the  State  Engineer.  He  shall  execute  the 
laws  of  the  State,  and  enforce  the  regulations  of  the 
State  Engineer  relative  to  the  distribution  of  water,  and 
perform  such  other  duties  as  shall  be  assigned  to  him 
by  the  State  Engineer,  under  whose  general  supervisiop 
he  shall  act. 

Sec.  29.  Duties  of  Supervisors. —  The  supervisor  ol 
euch  district  shall  apportion  the  water  in  the  natural 
stream  or  streams  of  his  district,  among  the  several 
ditches  taking  water  therefrom,  according  to  their  re- 
spective rights,  under  the  direction  of  the  superintend- 
ent of  his  division.  He  shall  so  apportion,  regulate  and 
control  the  use  of  the  waters  of  all  strains  within  his 
district  as  will  prevent  waste. 

Sec.  30.      Supervisor       May       Employ       Assistants. 

Each  supervisor  shall  ha\o  power,  in  cases  of  emer- 
gency, with  the  consent  of  the  superintendent  of  his  di- 
vision, to  employ  suitable  assistants  to  aid  him  in  the 
discharge  of  his  duties.  The  employment  of  all  such 
assistants  shall  terminate  when  the  emergency  ceases 
to  exist,  or  when  directed  by  the  superintendent  of  the 
division. 

Sec.  31.  Appeals  to  State  Engineer.  —Any  person 
who  may  deem  himself  injured  or  discriminated  against 
by  the  enforcement  of  any  rule  or  regulation,  or  by  any 
act  of  a  division  superintendent  or  district  supervisor, 
shall  have  the  right  to  appeal  from  the  same  to  the 
State  Engineer,  by  filing  with  him  a  statement  of  the 
manner  in  which  he  is  injured  or  discriminated  against. 
The  State  Engineer  shall,  after  due  notice,  hear  what- 
ever testimony  may  be  produced  by  the  petitioner,  either 
orally  or  by  affidavit,  and  he  shall  have  power  to  sus- 


18 

pend,  amend  or  confirm  the  regulation  or  act  as  justice 
may  require;  provided,  that  nothing  herein  shall  be  con- 
strued to  prevent  the  petitioner  from  appealing  to  the 
court. 

Sec.  32.  Compensation  of  Superintendent.  — Each 
division  superintendent  shall  receive  from  the  State  such 
compensation  as  shall  be  fixed  by  the  State  Engineer, 
and  the  same  shall  be  determined  with  reference  to  the 
extent  and  character  of  the  service  performed  by  each. 

Sec.  33.  Compensation  of  Supervisor  and  Assist- 
ants.—  Each  district  supervisor  shall  keep  a  true  and 
just  account  of  the  time  spent  by  him  in  performing  his 
duties,  stating  the  time  spent  in  each  county,  respective- 
ly, into  which  his  district  may  extend,  and  shall  present 
a  true  copy  thereof,  verified  by  oath,  to  the  board  of 
county  commissioners  of  the  county  in  which  the  work 
may  have  been  done.  And  the  said  board  of  county  com- 
missioners shall,  upon  approval  thereof  by  the  superin- 
tendent of  the  water  division,^  allow  him  the  sum  of 
three  dollars  per  day  for  each  day  he  shall  have  been 
actively  employed,  to  be  paid  by  the  county  in  which  the 
work  has  been  performed.  He  shall,  in  like  manner, 
keep  and  report  the  time  of  all  assistants  employed  in 
his  district,  which,  when  approved  in  the  manner  afore- 
said, shall  be  paid  by  the  board  of  county  commission- 
ers of  the  county  in  which  the  work  was  done,  at  the 
rate  of  two  dollars  per  day. 

APPROPRIATION  OF  WATER. 

Sec.  34.      Water    Rights     Acquired     by     Appropriation. 

—Rights  to  the  use  of  any  of  the  unappropriated  water 
in  the  State  may  be  acquired  by  appropriation,  in  the 
manner  hereinafter  provided,  and  not  otherwise.  The 
appropriation  must  be  for  some  useful  or  beneficial  pur- 
pose, and,  as  between  appropriators,  the  one  first  in  time 
shall  be  first  in  right. 

Sec.  35.  Application  to  Appropriate.  What  it 
Hust  Contain. —  Any  person,  corporation  or  association, 
to  hereafter  acquire  the  right  to  the  use  of  any  public 


19 

water  in  the  State  of  Utah,  shall,  before  commencing 
the  construction,  enlargement  or  extension  of  any  ditcn, 
canal  or  other  distributing  works,  or  performing  similar 
work  tending  to  acquire  the  said  right  or  appropria- 
tion, make  an  application  in  writing  to  the  State  En- 
gineer, which  shall  include  a  map,  profile  and  drawings, 
as  hereinafter  provided.  Such  application  shall  be  upon 
a  blank  to  be  furnished  by  the  State  Engineer,  and  shall 
set  forth  the  name  and  postoffice  address  of  the  person, 
corporation  or  association  making  the  application;  the 
nature  of  the  proposed  use  for  which  the  appropriation 
is  intended;  the  flow  per  second  of  water  to  be  used,  and 
the  time  during  which  it  is  to  be  used  each  year;  the 
name  of  the  stream  or  other  source  from  which  the 
water  is  to  be  diverted;  the  place  on  such  stream  or 
-source  where  the  water  is  to  be  diverted,  and  the  nature 
of  the  diverting  works;  and  the  dimensions,  grade,  shape 
and  nature  of  the  proposed  diverting  channel;  and  such 
other  facts  as  will  clearly  define  the  full  purpose  of  the 
proposed  appropriation. 

If  the  proposed  use  is  for  irrigation,  the  application 
shall  show,  in  addition  to  the  above  required  facts,  the 
legal  subdivisions  of  land  proposed  to  be  irrigated,  with 
the  total  area  thereof,  and  the  character  of  the  soil. 

If  the  proposed  use  is  for  developing  power,  the 
application  shall  show,  in  addition  to  the  above  required 
facts,  the  number,  size  and  kind  of  water  wheels  to  be 
employed;  the  head  under  which  each  wheel  is  to  be  op- 
erated: the  extent  of  the  power  to  be  produced,  and  the 
purposes  for  which  and  the  places  where  it  is  to  be  used; 
also,  the  point  where  the  water  is  to  be  returned  to  the 
natural  stream  or  source. 

If  the  proposed  use  is  for  mining,  the  application 
shall  show,  in  addition  to  the  above  required  facts,  the 
name  of  the  mine  and  the  mining  district  in  which  it  is 
situated;  the  nature  of  the  material  mined,  and  the  place 
where  the  water  is  to  be  returned  to  the  natural  stream 
or  source. 

Sec.  36.  State  Engineer's  Action  on  Application. 
—On  receipt  of  said  application,  it  shall  be  the  duty  of 
the  State  Engineer  to  make  an  indorsement  thereon  of 
the  date  of  its  receipt,  and  to  make  a  record  of  such 


20 

receipt  in  a  .book  in  his  office  kept  for  that  purpose.  It 
shall  be  his  duty  to  examine  said  application  and  ascer- 
tain if  it  sets  forth  all  the  above  required  facts,  and  if 
not,  he  shall  return  the  same  for  correction.  The  date 
of  such  return,  with  the  reasons  therefor,  shall  be  en- 
dorsed on  the  application,  and  a  record  made  thereof  in 
the  book  kept  for  recording  receipts  of  applications. 
Like  entries  shall  be  made  of  the  date  of  the  return  of 
all  corrected  applications,  and  of  the  date  of  the  refusal 
and  return  of  rejected  applications. 

Sec.  37.      Notice     of     Appropriation    to     be     Published. 

—If  not  corrected  as  required,  no  further  proceedings 
shall  be  had  on  such  application,  but  when  filed  in  com- 
pliance with  this  act,  the  State  Engineer  shall  at  once, 
at  the  expense  of  the  applicant,  to  be  paid  in  advance, 
publish  in  some  newspaper  having  a  general  circulation 
within  the  boundaries  of  the  river  system  or  water 
source  from  which  said  appropriation  is  to  be  made,  a 
notice  of  the  application,  showing  by  whom  made;  the 
quantity  of  water  sought  to  be  appropriated;  the  stream 
from  which  the  appropriation  is  to  be  made,  and  at  what 
point  on  the  stream;  the  use  for  which  it  is  to  be  appro- 
priated, and  by  what  means;  which  notice  shall  be  pub- 
lished as  often  as  such  paper  is  issued,  for  thirty  days. 

Sec.  38.  Protest  and  Hearing  Thereon.  —  Any  per- 
son, corporation  or  association  interested  may,  at  any 
time  within  thirty  days  after  the  completion  of  the  pub- 
lication of  said  notice,  file  with  the  State  Engineer  a 
written  protest  against  the  granting  of  said  application, 
statins  the  reasons  therefor,  which  shall  be  duly  consid- 
ered by  said  engineer.  He  may,  in  his  discretion,  hear 
evidence  in  support  of  or  against  such  application,  and 
shall  take  such  action  thereon  as  he  may  deem  proper 
and  just. 

Sec.  39.      Approval     or      Rejection     of     Applications. — 

All  applications  which  shall  comply  with  the  provisions 
of  this  act  and  with  the  regulations  of  the  State  Engi- 
neer's office,  shall  be  filed  ar»d  recorded  in  a  suitable 
book  kept  for  that  purpose;  and  it  shall  be  the  duty  of 
said  engineer  to  approve  all  applications  made  in  proper 
form,  where  the  proposer]  use  will  not  impair  the  value 


21 

of  existing  rights,  or  be  otherwise  detrimental  to  the 
public  welfare.  But,  where  there  is  no  unappropriated 
water  in  the  proposed  source  of  supply,  or  where  the 
proposed  use  will  conflict  with  existing  rights,  OL 
threatens  to  prove  detrimental  to  the  public  interest,  it 
shall  be  the  duty  of  the  State  Engineer  to  reject  such 
application. 

Sec.  40.  Application.  How  Endorsed.  —  The  ap- 
proval or  rejection  of  an  application  shall  be  endorsed 
thereon  and  a  record  made  of  such  endorsement  in  the 
State  Engineer's  office.  The  application,  so  endorsed, 
shall  be  returned  to  the  applicant.  If  approved,  the  ap- 
plicant shall  be  authorized,  on  receipt  thereof,  to  pro- 
ceed with  the  construction  of  the  necessary  works  and 
to  take  all  steps  required  to  apply  the  water  to  the  use 
named  in  the  application  and  to  perfect  the  proposed 
appropriation.  If  the  application  is  rejected,  the  appli- 
cant shall  take  no  steps  towards  the  prosecution  of  the 
proposed  work,  or  the  diversion  and  use  of  the  public 
water,  so  long  as  such  rejection  shall  continue  in  force. 

Sec.  41.  Additional  Information.  Before  either 
approving  or  rejecting  an  application,  the  State  Engi- 
neer may  require  such  additional  information  as  will 
enable  him  to  properly  guard  the  public  interests,  and 
may  require  a  statement  of  the  following  facts:  In  case 
of  incorporated  companies,  he  may  require  the  submis- 
sion of  the  articles  of  incorporation;  the  names  and 
places  of  residence  of  its  directors  and  officers,  and  the 
amount  of  its  authorized  and  its  paid  up  capital.  If  the 
applicant  is  not  an  incorporated  company,  he  may  re- 
quire a  showing  as  to  the  name  or  names  of  the  party  or 
parties  proposing  to  make  the  appropriation,  and  a 
showing  of  facts  necessary  to  enable  him  to  determine 
whether  or  not  they  have  the  financial  ability  to  carry 
out  the  proposed  work,  and  whether  or  not  the  said  ap- 
plication has  been  made  in  good  faith. 

Sec.   42.       Limitation    of    Time    for     Completing    Work. 

—In  his  endorsement  of  approval  on  any  application, 
the  State  Engineer  shall  require  that  actual  construc- 
tion work  must  begin  within  ninety  days  from  the  date 
of  such  approval,  and  that  the  construction  of  the  pro- 


22 

posed  irrigation  works  shall  be  completed  within  a 
period  of  five  years  from  the  date  of  such  approval.  He 
may  limit  the  applicant  to  a  less  period  for  the  comple- 
tion of  the  work  and  the  perfection  of  the  right.  The 
State  Engineer  shall  have  authority,  for  good  cause 
shown,  to  extend  the  time  within  which  any  irrigation 
or  other  works  shall  be  completed,  and  the  appropria- 
tion perfected. 

Sec.  43.  Appeals.  — Any  applicant  feeling  himself 
aggrieved  by  the  action  of  the  State  Engineer  in  reject- 
ing his  application,  may  appeal  therefrom  to  the  dis- 
trict court  of  the  county  in  which  the  point  of  diversion 
of  the  water  of  the  proposed  appropriation  shall  be  sit- 
uated, for  an  examination  and  reversal  of  the  action  of 
said  engineer.  Such  appeal  shall  be  taken  within  sixty 
days  from  the  time  the  applicant  receives  the  rejected 
application,  and  shall  be  perfected  when  the  applicant 
shall  have  filed  in  the  office  of  the  clerk  of  such  district 
court  a  copy  of  the  application  and  endorsement  ap- 
pealed from,  certified  by  the  State  Engineer  as  a  true 
copy  thereof,  together  with  the  petition  to  such  court, 
setting  forth  the  appellant's  reasons  for  appeal,  and 
such  appeal  shall  be  heard  and  determined  upon  such 
competent  proof  as  shall  be  adduced  by  the  applicant, 
and  such  like  proof  as  shall  be  adduced  by  th^  State 
Engineer,  or  some  person  duly  authorized  in  his  behalf. 

Sec.  44.  Hap  and  Profile  to  be  Filed. —  At  the  time 
of  filing  his  written  application,  or  within  sixty  days 
thereafter,  unless  the  time  therefor  is  extended  by  the 
State  Engineer,  the  applicant  shall  file  a  map  and  pro* 
file,  in  duplicate,  which  shall  be  a  part  of  said  applica- 
tion. The  map  shall  be  drawn  on  tracing  linen  and  shall 
show  accurately  the  location  and  extent  of  the  proposed 
works;  also  the  location  of  the  point  of  diversion  by 
courses  and  distances  from  some  government  corner;  it 
must  show  the  actual  location  of  the  diverting  channel, 
and  wherever  section  lines  are  crossed,  must  show  the 
course,  and  distance  to  the  nearest  government  corner;, 
it  must  show  the  course  of  the  river,  stream,  or  other 
source  of  supply;  the  position  and  area  of  all  reservoirs 
or  basins  used  or  intended  to  be  used  for  the  purpose  of 


23 

storing  water;  the  point  of  intersection  with  all 
ditches,  canals,  laterals  or  reservoirs  which  will  be 
crossed  by  the  proposed  work,  or  with  which  connections 
are  to  be  made,  and,  if  for  irrigation,  the  location  and 
area  of  all  lands  proposed  to  be  irrigated.  The  profile 
shall  show  the  ground  and  grade  lines,  and  a  cross  sec- 
tion of  the  various  forms  of  the  proposed  diverting  chan- 
nel. All  streams  and  intersecting  ditches,  canals  and 
reservoirs  not  connected  with  the  proposed  works  must 
be  represented  in  ink  of  different  color  from  that  used  to 
represent  the  proposed  work.  The  map  and  profile  shall 
also  be  accompanied  by  such  detailed  drawings  as  will 
exhibit  the  character  of  the  material  to  be  used  in  con- 
struction; the  several  appliances  to  be  used  in  diverting 
and  regulating  the  water;  the  nature  of  bridges  or  other 
structures  connected  writh  the  works,  and  such  other 
matter  as  will  enable  a  proper  understanding  of  the 
work  which  is  proposed  to  be  done.  All  of  which  shall  be 
certified  as  being  correct  by  the  engineer  making  the 
survey,  and  as  being  part  of  the  application,  with  the 
number  thereof,  by  the  party  making  the  same. 

5ec.  45.  Certificate  to  Appropriator.  -  -  Upon  it  be- 
ing made  to  appear  to  the  satisfaction  of  the  State  En- 
gineer that  any  appropriation  has  been  perfected  in  ac- 
cordance with  the  application  therefor,  it  shall  be  the 
duty  of  the  State  Engineer  to  issue  a  certificate,  in  du- 
plicate, to  the  party  making  the  same,  setting  forth  the 
name  and  postoffice  address  of  the  person,  corporation 
or  association  by  whom  the  water  is  to  be  used;  the  flow 
per  second  of  water  to  be  used;  the  purpose  for  which 
the  water  is  to  be  used;  the  time  during  which  the 
water  is  to  be  used  each  year;  the  name  of  the  stream 
or  source  from  which  the  water  is  to  be  diverted;  the 
place  on  the  stream  or  source  where  the  water  is  to  be 
diverted;  the  priority  number  of  the  right;  the  date  of 
the  appropriation;  and  such  other  matter  as  will  fully 
and  completely  define  the  right  of  said  person,  corpora- 
tion or  association  to  the  use  of  the  water.  One  copy  of 
said  certificate  shall  be  filed  in  the  office  of  the  State 
Engineer,  and  the  other  copy  shall  be  delivered  to  the 
appropriator,  and  shall,  within  thirty  days,  be  recorded 
by  him  in  the  office  of  the  county  recorder  of  the  countv 


24 

where  the  water  is  diverted  from  the  natural  stream  or 
source.  The  certificate  so  issued  and  filed  shall  vest  in 
the  appropriator  the  right  and  title  to  the  use  of  the 
water  in  the  volume,  for  the  purpose  and  during  the 
time  mentioned  therein,  and  shall  be  evidence  of  such 
right. 

Sec.  46.  Date  of  Priority.  —  The  priority  number  of 
such  appropriation  shall  be  determined  by  the  date  of 
filing  the  written  application  in  the  State  Engineer's 
office. 

MISCELLANEOUS. 

Sec.  47.  Water  Public  Property. —  The  water  of  all 
streams  and  other  sources  in  this  Sfate3  whether  flow- 
ing above  or  under  ground,  in  known  or  defined  chan- 
nels, is  hereby  declared  to  be  the  property  of  the  public, 
subject  to  all  existing  rights  to  the  use  thereof. 

Sec.  48.  Units  of  Measurement.  —  The  discharge  of 
one  cubic  foot  per  second  of  time,  which  shall  be  known 
as  a  second  foot,  shall  be  the  unit  of  measurement  of 
flowing'  water,  and  the  acre  foot  shall  be  the  unit  of 
measurement  of  quantity.  The  acre  foot  is  equivalent  to 
forty-three  thousand  five  hundred  and  sixty  cubic  feet. 

Sec.  49.  Basis,  Measure  and  Limit  of  Right. —  Bene- 
ficial use  shall  be  the  basis,  the  measure  and  the  limit  of 
all  rights  to  the  use  of  water  in  this  State. 

Sec.  50.  Abandonment.  -  When  the  appropriator 
or  his  successor  in  interest  abandons  or  ceases  to  use 
water  for  a  period  of  seven  years,  the  right  ceases,  and 
thereupon  such  water  reverts  to  the  public  and  may  be 
again  approriated,  as  provided  in  this  act;  but  ques- 
tions of  abandonment  shall  be  questions  of  fact,  and 
shall  be  determined  as  are  other  questions  of  fact. 

Sec.  51.      Change     of    Use     or     Place     of     Diversion. — 

Any  person,  corporation,  or  association  entitled  to  the 
use  of  water  may  change  the  place  of  diversion  and  may 
use  the  water  for  other  purposes  than  those  for  which 
it  was  originally  appropriated,  but  no  such  change  shall 
be  made  if  it  impairs  any  vested  right,  without  just  com- 


25 

pensation;  and  every  change,  so  made,  shall  be  imme- 
diately reported  to  the  State  Engineer,  a-nd,  if  the  place 
of  diversion  is  changed,  then  the  report  shall  be  accom- 
panied by  a  map,  which  shall  clearly  represent  such 
change  and  show  the  places  from  and  to  which  the 
change  has  been  made,  and  the  course  and  distance  be- 
tween the  two  places.  Any  person,  corporation  or  asso- 
ciation failing  to  make  such  report  shall  be  guilty  of  a 
misdemeanor. 

Sec.  52.      Commingling       and      Recovering      Water.  - 

Any  appropriated  water  may  be  turned  into  the  channel 
of  any  natural  stream,  or  into  a  reservoir  constructed 
across  the  bed  of  any  natural  stream,  and  commingled 
with  its  water  and  then  be  recovered,  but,  in  so  doing, 
the  original  water  in  such  stream  or  reservoir  must  not 
be  diminished  in  quantity  or  deteriorated  in  quality. 

Sec.  53.  Appropriator  of  Water  to  flaintain  Head- 
gate  and  Flume. —  Every  person,  corporation  or  associa^ 
tion  usi^~  water  in  this  State  shall  construct  and  main- 
tain a  substantial  headgate  at  the  point  where  the  water 
is  diverted,  and  a  measuring  device,  as  near  the  head  of 
the  diverting  channel  as  is  practicable,  for  tlie  purpose 
of  regulating  and  measuring  the  quantity  of  water  that 
may  be  diverted  into  the  said  channel  from  the  stream 
or  other  source.  Said  headgate  and  measuring  device 
shall  be  of  such  pattern  as  the  State  Engineer  shall  ap- 
prove, and  shall  be  constructed  within  thirty  days  at' cor 
request  from  him.  Any  person,  corporation  or  associa- 
tion failing  to  comply  with  the  provisions  of  this  section 
shall  be  guilty  of  a  misdemeanor. 

Sec.  54.  Rights  of  Appropriators. — Appropriators 
shall  have  priority  among  themselves  according  to  the 
dates  of  their  respective  appropriations,  so  that  each  ap- 
propriator  shall  be  entitled  to  receive  the  whole  supply 
to  which  his  certificate  entitles  him  before  any  subse-. 
quent  appropriator  shall  have  any  right;  provided,  that, 
whenever  the  natural  flow  of  any  stream  shall  nave  re- 
ceded in  volume  to  the  annual  low  water  stage,  then  ihe 
rights  of  all  users  to  such  flow  at  such  stage  shall  be 
deemed  to  be  equal  as  to  priority,  and  the  water  when 
at  or  below  such  stage,  shall  be  apportioned  pro  rata 


26 

among  said  users.  But,  in  times  of  scarcity,  while  pri- 
ority of  appropriation  shall  give  the  better  right  as  be- 
tween those  using  water  for  the  same  purpose,  the  use 
for  domestic  purposes  shall  have  preference  over  use  for 
all  other  purposes,  and  use  for  agricultural  purposes 
shall  have  preference  over  use  for  any  other  purpose, 
except  domestic  use. 

Sec.  55.  Irrigation  or  Reservoir  Company  flay  Take 
Stock  in  Similar  Company. —  Any  irrigation  or  reservoir 
company,  incorporated  and  existing  under  the  laws  of 
this  State,  may  purchase  or  subscribe  for  the  capital 
stock  of  any  other  similar  corporation,  which,  at  the 
time  of  such  purchase  or  subscription,  shall  be  or  is 
about  to  be  incorporated;  provided,  that  such  purchase 
or  subscription  shall  be  made  only  when  permitted  by 
the  uriginal  articles  of  incorporation  or  by  amendment* 
thereto  proposed  and  adopted  according  to  law,  and 
such  corporations  are  hereby  permitted  and  authorized 
to  amend  their  articles  of  incorporation  so  as  to  au- 
thorize such  purchase  or  subscription. 

Sec.    56.       Right   of   Way.       Eminent   Domain.       Public 

Use  — The  use  of  water  for  beneficial  purposes,  MS  pro 
vided  in  this  act,  is  hereby  declared  to  be  a  public  use. 
Any  person,  corporation  or  association  shall  have  a  right 
of  way  across  and  upon  public,  private  and  . Corporate • 
lands,  or  other  right  of  way,  for  the  cons  cruet  ion.  main- 
tenance, repair  and  use  of  all  necessary  reservoirs,  dams, 
water  gates,  canals,  ditches,  flumes,  tunnels,  or  ofher 
means  of  securing,  storing  and  conveying  water  for  ir- 
rigation or  for  any  necessary  public  use,  or  for  drainage, 
apon  payment  of  just  compensation  therefor,  but  such 
right  of  way  shall  in  all  cases  be  exercised  in  a  manner 
not  to  unnecessarily  impair  the  practical  use  of  any 
other  right  of  way,  highway,  or  public  or  private  road, 
nor  to  unnecessarily  injure  any  public  or  private  prop- 
erty. Such  right  may  be  acquired  in  the  manner  pro- 
vided by  law  for  the  taking  of  private  property  for  pub- 
lic use. 

Sec.  57.       Use   and    Enlargement   of    Existing   Canal.— 

When  any  person,  corporation  or  association  desires  to 
convey  water  for  irrigation  or  for  any  other  beneficial: 


27 

purpose  and  there  is  a  canal  or  ditch  already  con- 
structed that  can  be  enlarged  to  convey  the  required 
quantity  of  water,  then  such  person,  corporation  or  as- 
sociation, or  the  owner  or  owners  of  the  land  Through 
which  a  new  canal  or  ditch  would  have  to  bo  constructed 
to  convey  the  quantity  of  water  necessary,  shall  have 
the  ri^ht  to  enlarge  said  canal  or  ditch  already  con 
structed,  by  compensating  the  owner  of  the  canal  or 
ditch  to  be'  enlarged,  for  the  damage,  if  any,  caused  b> 
said  enlargement;  provided,  that  said  enlargement  Kshal] 
be  done  at  any  time  from  the  first  day  of  October  to  the 
first  day  of  March,  or  at  any  other  time  that  may  be 
agreed  upon  with  the  owner  of  said  canal  or  ditch. 

Sec.  58.  Canals,  Bridges  and  Crossings  to  be  Kept 
in  Repair.  —  The  owner  or  owners  of  any  ditch,  canal, 
flume  or  other  water  course  shall  maintain  the  same  in 
repair,  so  as  to  prevent  waste  of  water  or  damage  t'-  the 
property  of  others.  Such  persons  are  required,  by 
bridge  or  otherwise,  to  keep  such  ditch,  canal,  flume  or 
other  water  course  in  good  repair  whera  he  same 
crosses  any  public  road  or  highway,  so  as  to  prevent 
obstruction  to  travel,  or  damage  or  overflow  to  sudi 
public  road  or  highway. 

Sec.  59.  Liability  of  Joint  Users  of  Water  Course 
for  Repairs.  — When  two  or  more  persons,  companies  or 
'corporations  are  associated,  by  agreement  or  otherwise, 
in  the  use  of  any  dam,  canal,  reservoir,  ditch,  ilnrne  or 
other  means  of  conserving  or  conveying  water  for  the 
irrigation  of  land,  or  for  other  purposes,  each  of  them 
shall  be  liable  to  the  other  for  the  reasonable  expense  of 
maintaining,  operating  and  controlling  the  same,  in  pro- 
portion to  the  share  in  the  use  or  ownership  of  tiie  water 
to  which  he  is  entitled.  If  any  person,  company  or  cor- 
poration refuse  or  neglect  to  pay  his  proportion  of  such 
expense,  after  five  days'  notice  in  writing  demanding 
such  payment,  he  shall  be  liable  therefor  in  an  action 
for  contribution;  provided,  that  in  any  company  or  cor- 
poration owning  or  controlling  more  than  one  canal  or 
ditch,  for  the  purpose  of  improving  or  keeping  the  same 
in  repair,  the  users  of  water  shall  not  be  required  to 
pay  anv  expenses  or  assessments  in  any  canal  or  ditch, 
other  than  the  one  in  which  they  are  directly  interested. 


28 

Sec.  60.  Water  Rights  Appurtenant  to  Land,  Ex- 
ceptio  n.  —  A  right  to  the  use  of  water  appurtenant  to  the 
land  shall  pass  to  the  grantee  of  such  land,  and,  in  cases 
where  such  right  has  been  exercised  in  irrigating  dif- 
ferent parcels  of  land  at  different  times,  such  rights 
shall  pass  to  the  grantee  of  any  parcel  of  land  on  which 
such  right  was  exercised  next  preceding  the  time  of  the 
execution  of  any  conveyance  thereof;  subject,  however, 
in  all  cases  to  payment  by  the  grantee  of  any  such  con- 
veyance, of  all  amounts  unpaid  on  any  assessment  then 
due  upon  any  such  right;  provided,  that  any  such  right 
to  the  use  of  water,  or  any  part  thereof,  may  be  reserved 
by  the  grantor  in  any  such  conveyance,  by  making  such 
reservation  in  express  terms  inserted  in  such  convey- 
ance, or  may  be  separately  conveyed. 

Sec.  61.  Water  Rights  Shall  be  Transferred  by 
Deeds,  Which  Must  be  Recorded.  Record  Imparts  No- 
tice. — Water  rights  shall  be  transferred  by  deeds,  in 
substantially  the  same  manner  as  real  estate,  except 
when  they  are  represented  by  shares  of  stock  in  a  cor- 
poration, and  such  deeds  shall  be  recorded  in  the  office 
of  the  recorder  of  the  county  where  the  place  of  diver- 
sion of  the  water  from  its  natural  channel  is  situated. 
Every  deed  of  water  right  so  recorded  shall,  from  the 
time  of  filing  the  same  with  the  recorder  for  record,  im- 
part notice  to  all  persons  of 'the  contents  thereof,  and 
subsequent  purchasers,  mortgagees  and  lien  holders 
shall  be  deemed  to  purchase  and  take  with  notice. 

Sec.  62.  Effect  of  Failure  to  Record. — Every  deed 
of  water  right  within  this  State  hereafter  made,  which 
shall  not  be  recorded  as  provided  in  this  act,  shall  be 
void  as  against  any  subsequent  purchaser,  in  good  faith, 
and  for  a  valuable  consideration,  of  the  same  water 
right,  or  any  portion  thereof,  where  his  own  deed  shall 
be  first  duly  recorded. 

Sec.  63.  Unlawful  Taking  or  Using  of  Water,  or  In- 
terference with  Headgates,  Weirs,  or  Other  Device  for 
Pleasuring  and  Apportioning  Water. — Any  person,  cor- 
poration or  association  who  shall  in  any  way  interfere 
with,  injure,  destroy  or  remove  any  dam,  headgate,  weir 
or  other  appliance  for  the  diversion,  apportionment  or 
measurement  of  water,  or  who  shall  interfere  with  any 
of  the  persons  authorized  by  this  act  to  apportion  water, 


29 

while  in  the  discharge  of  their  duties,  shall  be  guilty  of 
a  misdemeanor,  and  shall  also  be  liable  in  damages  to 
any  person  injured  by  such  unlawful  act. 

Sec.  64.  Obstructing  Canal.  Penalty. — Whenever 
any  person,  corporation  or  association  has  the  right  of 
way  for  canals  or  other  water  courses,  it  shall  be  un- 
lawful for  any  person  to  place  or  maintain  in  place  any 
obstruction,  by  fence  or  jtherwise,  aicng  or  across  such 
canals  or  water  courses,  without  providing  gates  suf- 
ficient for  the  passage  of  the  owners  of  such  canals  or 
water  courses,  or  their  agents.  Any  person,  corporation 
or  association  violating  the  provisions  of  this  section 
shall  be  guilty  of  a  misdemeanor. 

Sec.  65.  Attorney  General  and  District  Attorney 
Shall  be  Advisers  of  State  Engineer. — In  all  matters  re- 
quiring legal  advice  in  the  performance  of  his  duties  and 
the  prosecution  or  defense  of  any  action  growing  out  of 
the  performance  of  his  duties,  the  Attorney  General  of 
the  State  and  the  district  attorney  of  the  district  in 
which  any  legal  question  arises,  shall  be  the  legal  ad- 
visers of  the  State  Engineer,  and  they  are  hereby  re- 
quired to  perform  any  and  all  legal  services  required 
of  them  by  him,  without  other  compensation  than  their 
salaries  now  or  hereafter  fixed  by  law. 

Sec.  66.  State  Engineer  Shall  Collect  Fees  and  Pay 
Same  Into  the  Treasury.  -  -  The  State  Engineer  shall 
collect  the  following  fees,  which  shall  be  paid  by  him 
into  the  State  treasury  on  the  first  Monday  in  January, 
April,  July  and  October  of  each  year: 

For  examining  and  approving  plans  and  specifica- 
tions for  any  dam,  twenty-five  dollars;  and  if  necessary 
to  inspect  the  site  where  the  dam  is  to  be  built,  an  ad- 
ditional charge  of  ten  dollars  per  day  and  expenses  shall 
be  made. 

For  inspecting  any  diverting  works,  by  request,  ten 
dollars  per  day  and  expenses. 

For  examining  and  filing  applications  to  appropri- 
ate water,  each,  two  and  50-100  dollars. 

For  examining  map,  profile  and  drawings  that  are 
part  of  the  application,  five  dollars. 

For  approving  and  recording  completed  application, 
two  and  50-100  dollars. 


30 

For  issuing  certificates  of  appropriation,  each,  one 
dollar. 

For  examining  and  filing  notices  of  protest,  each, 
two  and  50-100  dollars. 

For  filing  any  other  paper,  one  dollar. 

For  certified  copy  of  any  paper,  per  folio,  twenty 
cents. 

For  copy  of  any  map,  profile  or  drawing,  per  square 
foot,  ten  cents. 

For  each  certificate  to  copy  of  paper,  drawing  or 
may,  fifty  cents. 

Sec.  67.  Cost  of  Assistants  and  Expenses  Incurred 
by  State  Engineer  to  be  Paid  by  State.  — For  the  pur- 
pose of  carrying  into  effect  the  provisions  of  this  act, 
me  State  Engineer  shall  have  power  to  employ  all  neces- 
sary assistants,  purchase  all  necessary  equipment,  and 
do  all  other  necessary  things,  the  cost  of  which  shall  be 
paid  by  the  State,  upon  presentation  to  the  State  Au- 
ditor of  monthly  statements,  certified  by  the  State  En- 
gineer; provided,  that  no  expense  shall  be  incurred  by 
the  State  Engineer  in  the  performance  of  his  duties 
which  will  exceed  the  amount  appropriated  for  that 
purpose. 

Sec.  68.  Fees  of  Referee  and  Stenographer  to  be 
Paid  Out  of  the  State  Treasury. — The  fees  of  referees  and 
stenographers  shall  be  fixed  by  the  court,  and  together 
with  any  other  expenses  not  herein  provided  for  that 
may  be  incurred  in  carrying  out  the  provisions  of  this 
act,  shall  be  paid  out  of  the  State  treasury,  upon  cer- 
tificates from  the  proper  district  judge  to  the  State  Au- 
ditor of  the  amount  due  each  person  for  such  service. 

Sec.  69.  Parties  and  Judgments  in  Action  Concern- 
ing Water.  — In  any  action  hereafter  commenced  for  the 
protection  of  rights  acquired  to  water  under  the  laws 
of  this  State,  the  plaintiff  may  make  any  or  all  persons 
who  have  diverted  water  from  the  same  stream  or 
source  parties  to  such  action,  and  the  court  may  in  one 
judgment  settle  the  relative  priorities  and  rights  of  all 
the  parties  to  such  action,  When  damages  are  claimed 
for  the  wrongful  diversion  of  water  in  any  such  action, 
the  same  may  be  assessed  and  apportioned  by  the  jury 
in  their  verdict,  or  by  a  court  if  the  case  be  tried  with- 
out a  jury,  and  judgment  thereon  may  be  entered  for  or 


31 

against  one  or  more  of  several  plaintiffs,  or  for  or 
against  one  or  more  of  several  defendants,  and  may  de- 
termine the  ultimate  rights  of  the  parties  between  them- 
selves. In  any  action  concerning  joint  water  rights,  or 
joint  rights  in  water  ditches,  unless  partition  of  the 
same  is  asked  by  the  parties  to  the  action,  the  court 
shall  hear  and  determine  such  controversy  as  if  the 
same  were  several  as  well  as  joint. 

Sec.  70.  Existing  Irrigation  Ditches  Not  Affected 
by  Repeal. — The  repeal  by  the  Revised  Statutes  of  Sec- 
tions twTenty-four  hundred  and  three  to  twenty-four 
hundred  and  twenty-seven,  both  inclusive,  of  the  Com- 
piled Law^s  of  Utah,  1888,  shall  not  be  construed  to  af- 
fect the  existence  of  any  district  or  company  organized 
under  the  aforesaid  sections;  but  any  such  company  or 
district  shall,  notwithstanding  swh  repeal,  continue  in 
existence  with  all  the  rights,  privileges  and  limitations 
heretofore  conferred  or  imposed  upon  it  by  law,  until 
disincorporated  or  dissolved  according  to  law.  In  any 
case  in  which  an  irrigation  company  or  district  shall 
have  a  right  of  action  against  a  delinquent  member  of 
such  company  or  district  for  the  non-payment  of  taxes 
voted  according  to  law,  the  board  of  directors  thereof 
may  proceed  to  sell  the  interest  of  such  members  in  the 
canals  or  ditches  of  such  company  or  district  and  his 
right  to  the  use  of  the  water  flowing  therein. 

Sec.  71.  Dissolution  of  Existing  Irrigation  Dis- 
tricts. — Whenever  a  petition  is  presented  to  the  board 
of  trustees  of  any  irrigation  company  or  district  organ- 
ized under  the  sections  mentioned  in  the  next  preceding 
section,  signed  by  one-fourth  of  the  landholders  in  the 
district,  asking  for  the  abandonment  of  further  opera- 
tions by  the  company  or  district,  the  board  of  trustees 
thereof  shall  call  a  special  meeting,  at  which  the  ques- 
.  tion  of  such  abandonment  shall  be  submitted.  Notice 
of  the  time  and  place  and  subject  of  such  meeting  shall 
be  given  by  the  board  of  trustees  of  the  district  at  least 
ten  days  previous  thereto,  by  advertising  at  least  three 
times  in  some  newspaper  having  general  circulation  in 
the  districet,  or  by  posting  notices  in  three  public  places 
therein.  If  three-fifths  of  the  landholders  of  the  dis- 
trict voting  at  such  election  shall  vote  for  such  aban- 
donment, it  shall  be  the  duty  of  the  board  of  trustees  to 


32 

petition  the  district  court  of  the  county  in  which  the 
greater  portion  of  the  lands  of  the  district  are  situated 
for  the  winding  up  of  the  affairs  of  such  company  or  dis- 
trict; and  thereafter  proceedings  shall  be  had  which 
shall  conform  as  nearly  as  may  be  with  the  proceedings 
for  the  voluntary  dissolution  of  corporations. 

Sec.  72.  Repeal.  Rights  Preserved. — All  of  Title 
33  of  the  Revised  Statutes  of  Utah  of  1898,  on  "Irriga- 
tion and  Water  Rights,"  being  Sections  1261  to  1288, 
inclusive,  and  Chapter  125  of  the  Laws  of  Utah  of  1901, 
entitled,  "An  Act  Defining  the  Duties  of  the  State  En- 
gineer; Providing  for  the  Creation  of  Water  Districts, 
and  for  the  Appointment  of  a  Water  Commissioner  for 
Each  District;  Providing  for  the  Proper  Measurement 
and  Division  of  Water;  Providing  for  the  Reclamation 
of  Stored  Water,  and  Repealing  Chapter  8,  Title  63,  Re- 
vised Statutes  of  Utah,  1898,"  approved  March  25,  1901, 
and  all  other  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of  this  act,  are  hereby  repealed;  but  such 
repeal  shall  not  affect  any  vested  rights,  and  any  per- 
son, corporation  or  association  who  may  have  hereto- 
fore filed  notice  of  appropriation  of  water,  or  initiated 
any  right  under  the  provisions  of  said  laws,  may  com- 
plete and  perfect  such  appropriation  or  right  in  the 
same  manner  and  with  like  effect  as  if  this  repeal  had 
not  been  made;  and  such  repeal  shall  not  affect  the  term 
of  office  of  the  present  incumbent  of  the  office  of  State 
Engineer,  nor  prevent  the  water  commissioners  ap- 
pointed under  said  act  of  1901  from  performing  the  du- 
ties therein  prescribed,  until  they  are  superseded  by 
the  appointment  of  division  superintendents  and  dis 
trict  supervisors  as  provided  in  this  act,  and,  if  neces 
sary,  other  water  commissioners  may  be  appointed  in 
the  manner  provided  in  said  act,  to  srrve  until  they  are 
superseded,  as  provided  herein. 

Sec.   73.       Appropriations     to     Pay     Expenses     Incurred 
by    Engineer. — The  sum  of  twenty-five  thousand  dollars, 
or  so  much  thereof  as  may  be  nece&jary,  is  hereby  ap 
propriated  out  of  any  money  '*u  the  treasury  not  other 
wise  appropriated,  to  be  drawn  on  the  order  of  the  Stat» 
Engineer,  for  the  purpose  of  defraying  the  cost  and  ex 
penses  of  carrying  out  the  provisions  of  this  act. 

Approved  March  12th,  1903. 


